Video Upload Rules
Rules
User Content
The term "Content" shall include any materials or information submitted by you, including, without limitation, your name, likeness, videos, photographs, recordings, writings, statements, audio materials, audiovisual materials, ideas or other material furnished by you to NBC Subsidiary (KNBC-TV), Inc. o/b/o Access Hollywood and accesshollywood.com (collectively "Access") through the website or otherwise.ORIGINALITY; RIGHTS: Any Content that you post or upload on this site must be either (a) an original work by you that does not copy or use other works (such as dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) or (b) Content for which you have all rights and permissions necessary to grant the rights hereunder. In addition, your Content must not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or any contractual rights. Before posting Content, you must have all the rights, licenses, permissions and consents necessary to submit the Content and to grant all of the rights that you have granted to Access under these terms. Before you post Content, you must have the express consent of everyone who appears in the Content to submit the Content for use, exhibition and other exploitation in any manner and in any and all media, whether now existing or hereafter discovered, throughout the world, in perpetuity. You represent that you are at least eighteen (18) years old at the time of submission. If you submit an image of someone who is under 18 years of age who is not your child, you must have the permission of that child's parent or legal guardian.
RIGHTS IN CONTENT: By uploading or inputting Content to Access you hereby acknowledge and agree that you are granting Access (including without limitation NBC Universal, Inc., its licensees, successors and assigns), the perpetual and irrevocable, non-exclusive right and license to: (a) use, copy, create derivative works from, reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the Content to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the Content (in whole or in part and as altered by Access in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on Access's website, on other websites, on the NBC television network, and on all owned and affiliated broadcast and cable networks, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for, Access, accesshollywood.com, nbc.com and other websites, television channel(s) and its programming, and all owned and affiliated broadcast and cable networks and channels and their programming, all without further notice to, consent from or payment to you (the "Agreement"). You waive any and all "moral rights" you may have in the Content.
Without in any way limiting the foregoing, you acknowledge and agree that Access, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Access under this Agreement, and to display any advertising, publicity, promotional materials and distribution rights in connection with your Content. You acknowledge and agree that Access, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Content. Nothing in this Agreement obligates or may be deemed to obligate Access or any other person or entity to exercise any of the rights granted by you under this Agreement. Access and its successors, licensees and assigns, will have the unlimited right to assign this Agreement and the rights granted by you under this Agreement at any time, in whole or in part, to any party.
You grant the rights hereunder whether or not your Content or any part thereof is actually used by Access. You acknowledge that your consideration for the rights you grant in your Content is the possibility that Access, its licensees, successors and/or assigns will review or use your Content. You will not receive any further compensation of any kind for your Content or the use thereof, and you agree that Access, its licensees, successors and/or assigns in their sole discretion, shall have the right to give you no credit or determine in what form to give you credit for any use of your Content. Your Content will not be acknowledged or returned. You acknowledge and agree that your Content is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between Access and/or any other person or entity, on the one hand, and you, on the other hand, by your Content of the Content.
In addition to all of the legal and equitable rights and remedies available to Access in connection with these terms or your Content, you acknowledge and agree that Access shall have the right, in its sole discretion, not to post the Content on any website, to remove the Content from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Content in any manner whatsoever. Furthermore, Access shall have the right to suspend or terminate your access to Access's website or related website and refuse to grant you access to use Access' website or related website in the future with or without warning if Access, in its sole discretion, believes you have: (i) violated or tried to violate the rights of Access; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of this Agreement; or (iii) acted inconsistently with any of the terms or conditions of this Agreement. Access has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Content.
You recognize that other persons, including Access's employees, may have submitted to Access or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Content. You acknowledge and agree that Access, its licensees, successors and/or assigns shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of Access' or, its licensees', successors' and/or assigns' use of such similar or identical materials. Nothing in this Agreement, or your submission of the Content, shall be deemed to place you in any different position from any other member of the public.
USE OF NAME AND LIKENESS: By sending Access your Content, you consent to the recording, use and reuse by Access, their licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Content (collectively, "Personal Elements"), as edited, altered, fictionalized or modified by NBC Universal, Inc.or Access, in their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with Access, Access' website, or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that NBC Universal, Inc.,Access, their licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
OWNERSHIP: Except as expressly set forth in this Agreement, you shall continue to own all rights in and to the Content. To the extent your Content contains other materials or elements owned by Access, NBC Universal, Inc. or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the Content will continue to be governed by and may be limited by other applicable laws.
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